Allen v. Palmateer

Petitioner appeals a judgment denying his petition for post-conviction relief, arguing, among other things, that the court erred in denying him an opportunity to testify in support of his claims for relief. We agree with petitioner that the court erred in refusing to allow petitioner to testify and, hence, do not reach petitioner’s other claims of error. We therefore reverse and remand the judgment that dismissed petitioner’s post-conviction claims.

Based on our review of the transcript, we conclude that the post-conviction court denied petitioner an opportunity to testify at the…